The Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019.
gujarat · 2019
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act
- S. 2Section 2 defines key terms like "day," "employer," and "establishment" for the Gujarat Shops and Establishments Act, 2019.
- S. 3Section exempts certain government entities, intermittent workers, and family members from the Act's provisions.
- S. 4Section 4 allows the State Government to modify or exempt certain establishments or workers from the Act's provisions.
- S. 5The section allows the State Government to suspend parts of the Act for certain periods during festive or other occasions.
- S. 6Section 6 mandates employers to register shops and establishments within 60 days and issue a registration certificate upon approval.
- S. 7Section 7 requires employers of establishments with fewer than ten workers to notify the Inspector of their business commencement and closure details online.
- S. 8Section 8 cancels and removes a shop's registration if found registered fraudulently.
- S. 9Employers must notify Inspectors of changes in submitted application details, and Inspectors update the register and issue a new certificate.
- S. 10Section 10 mandates employers to notify the Inspector of business closure within 30 days, leading to registration cancellation if verified.
- S. 11Section 11 mandates employers to ensure worker health and safety, limit work hours, and provide breaks.
- S. 13(1) No woman worker shall be discriminated In the matter of discrimination of women
- S. 14The spread-over of a worker in any shop or establishment shall not Spread-over d d h If h
- S. 15Section 15 mandates double pay for overtime beyond nine hours daily or forty-eight weekly, with a cap of 125 hours in three months.
- S. 16(1) A department or any section of a department of the shop or Shift bli h k
- S. 17Section 17 mandates employers to provide workers with identity cards containing prescribed details for verification by Inspectors.
- S. 18Section 18 mandates weekly holidays, casual leave, medical leave, and additional leave based on service tenure for workers in Gujarat shops and establishments.
- S. 19Section 19 mandates employers to provide and maintain sufficient wholesome drinking water for all workers.
- S. 20Section 20 mandates employers to provide accessible, sufficient latrines and urinals for workers in shops or establishments.
- S. 21Section 21 mandates shops or establishments with 30+ female workers to provide creches, with shared creches allowed within a kilometer.
- S. 22Every employer shall provide at the place of work first-aid facilities as may be prescribed
- S. 23The employer shall provide and maintain' in the shop or Canteen
- S. 24Section 24 mandates local and state authorities to enforce the Act's provisions, with the State Government supervising and appointing inspectors.
- S. 25Section 25 empowers state inspectors to advise employers and workers, inspect shops, and enforce compliance with the Act.
- S. 26(1) Every employer shall maintain the registers and records, in such form and in such manner as may be prescribed
- S. 27Section 27 mandates employers to submit annual returns to a prescribed authority in the specified format.
- S. 28Section penalizes running unregistered establishments with a fine, making it registered upon penalty payment.
- S. 29Section 29 imposes fines up to ₹50,000 for violations of the Act, with a cap of ₹2,000 per worker.
- S. 30Section 30 imposes penalties including imprisonment and fines for employers found guilty of violating the Act, resulting in serious injury or death of a worker.
- S. 31Section 31 holds companies and responsible individuals liable for offenses under the Act.
- S. 32Section 32 penalizes obstructing or refusing to cooperate with inspectors under the Gujarat Shops and Establishments Act, with fines up to ₹50,000.
- S. 33Section 33 outlines the procedure for filing complaints and the jurisdiction of courts for offenses under the Gujarat Shops and Establishments Act.
- S. 34Section 34 allows specified officers to compound certain non-imprisonment-only offenses under the Act with a fine, subject to government control.
- S. 35Section 35 regulates shop opening and closing hours in Gujarat based on location and time restrictions, with exceptions for certain areas.
- S. 36Section 36 preserves workers' existing rights and privileges under other laws or agreements if they are more favorable than those in this Act.
- S. 37Section 37 protects public servants and the government from lawsuits for actions taken in good faith under the Act.
- S. 38Section 38 states that this Act's provisions supplement, not override, any existing laws.
- S. 39(1) The State Government may, by notification In the Official Gazette, make rules to carry out the purposes of this Act
- S. 40Section 40 grants the State Government power to issue orders to resolve difficulties in implementing the Act, subject to certain conditions.
- S. 41Repeals the 1948 Gujarat Shops and Establishments Act, retaining its provisions unless superseded by the 2019 Act.